High Court hearing case on Wednesday in relation to efforts by regulator to keep lid on cap
He said he hopes that political parties which backed the removal of the cap in their recent election manifestos now follow through and move quickly to do so, making it part of the programme for government.
“A ministerial directive is a longshot and primary legislation is a longshot,” said Mr Jacobs. “I think it’s about making existing legislation go faster – and then reclassify Dublin Airport from being local to strategic infrastructure.
“It’s about how do you change the planning framework, the planning laws and planning timelines – I think that’s a better territory for everybody to be focused on.
“If Dublin Airport was applying for future planning directly to An Bord Pleanála, that would make the process go faster.”
Dublin Airport – whose passenger numbers are capped at 32 million a year under a 2007 planning condition attached to the construction of Terminal 2 – is set to handle more than 33 million this year. Next year, reckons Mr Jacobs, it’s likely the figure will be more than 35 million.
Once we get the 40m application approved, within a year we will be applying for 55m
He was speaking on Wednesday against the backdrop of ongoing High Court proceedings where Aer Lingus, Ryanair, a consortium of US airlines and the DAA are challenging an Irish Aviation Authority (IAA) decision to limit the amount of available takeoff and landing slots at Dublin Airport this winter and next summer.
The DAA is arguing that the IAA proposals don’t go far enough to ensure Dublin Airport doesn’t breach its cap. The airlines are opposing the proposal.
The High Court has already put a stay on the IAA decision in relation to the proposed slot limits for summer next year, and it’s difficult to see how a stay will not now be granted in relation to the winter slot limit.
Last week, the High Court said that referring the issue of the passenger cap and related mechanisms to ensure it’s adhered to, seem only resolvable by referring European law questions to the Court of Justice in Luxembourg.
DAA Chief Executive Kenny Jacobs
Mr Jacobs said there is significant interest in the Dublin Airport case around Europe from similarly affected airports, and also in the United States, as the matter has implications for the EU-US Open Skies Agreement.
As such, he said he’s hopeful that if the matter is, as anticipated, referred to the Court of Justice, a decision could be made by judges there in the second half of 2025.
Dublin Airport is also preparing a standalone planning application to raise the passenger cap to 36 million as an interim measure. That application would not involve any construction projects.
There is significant interest in the Dublin Airport case around Europe
Mr Jacobs said that application should be made by the end of January.
Meanwhile, the DAA recently submitted thousands of extra pages of additional information to Fingal County Council as part of a separate application that involves a number of significant infrastructure projects and raising the passenger cap to 40 million a year.
“Once we get the 40 million application approved by An Bord Pleanála, I think within a year of that we will be applying for 55 million passengers at Dublin Airport – so that we’re really getting ahead and not catching up, as we have been.”
